78 Mo. 91 | Mo. | 1883
Action for double damages for killing cow named “ Hoodie,” instituted before a justice of the peace in Osage county, upon the following statement:
“ Plaintiff for his cause of action against the defendant, alleges that the defendant is and was at the time hereinafter referred to, a corporation duly organized under and by virtue of the laws of the State of Missouri under the corporate name of the-Missouri Pacific Railway Company. Plaintiff" further states that said defendant, by its agents, officers and servants, in conducting, managing and running a locomotive engine and train of cars on its said road, did, on the 6th day of May, 1879, in Linn township,
A motion to dismiss upon the ground of the insufficiency of this statement having been overruled, after appeal to the circuit court, the defendant excepted. Upon the trial in the circuit court there was a verdict for the plaintiff, the amount of which was on motion of plaintiff doubled, and judgment rendered accordingly, and the defendant’s motions for a new trial and in arrest of judgment overruled, to all of which rulings the defendant excepted, and thereupon brings this case here by appeal.
The single question presented by this record is as to the sufficiency of the statement. It is objected that it does not allege that the point at which “ Doodle ” is averred to have entered upon the railroad, was not within the limits of an incorporated city or town, nor that the killing was in anywise the result of or occasioned by any failure on defendant’s part to construct a fence.
The judgment of the circuit court is, therefore, affirmed.